Where does my SIL stand?

[jofeb04]

Hiya
My SIL handed in her notice, planning on working for the week as required! However, here was no contract in plce, and she was told by the husband (part-owner) that she was not welcomed back for that week.

So, imo,I feel that as there was no contract, there's not alot she can do, but I'm hoping I'm wrong! SIL needs paying for mortgage etc.

Thanks

How was she paid weekly or monthly?

notice period is your pay period usually unless contract states otherwise

I'm not an expert but I believe if there's no contract there is no notice period! She needs to call a union for their advice.

Better still, join a union and never work without a contract.

Is she an employee or self employed?
If she is an employee in the UK and has worked less than 2 years and no written contract she is entitled to one week's notice - that is notice, not pay. They can make her work the notice. However they can also send her home for the week too but must pay her. If she was on a fixed term contract the position might be different.

Also I think you can claim damages in addition if an employer does not give you a written contract so she might get some extra money that way too. Look on the DTI web site under emplpyment.

I think Statutory minimum is a week or pay in lieu.

Thanks for the information

How long had she worked there? Just because her employers have failed in their statutory obligation to provide her with a written statement of her terms and conditions of employment doesn't mean that there wasn't a contract.

You don't have to be given a contract/terms and conditions in writing until two months into the job and thats only for people who have worked for at least one month however that doesn't take away the fact that a contract already exists at the time you are offered a job in return for pay

They have to follow statutory procedure so she will at least get a weeks pay - their loss if they don't want her to work it.

check out the DTI site

DTI site is good, always the best place to check employment law. Sounds as if her employers aren't really bothered about the legalities so she needs to make it clear she knows her rights and will get what she is due.

Thanks for the info, pssed it all to Sil.

Thanks